Touro College: Digital Commons @ Touro Law Center
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Afterword: What\u27s Next? Into a Third Decade of Latcrit Theory, Community, and Praxis
Get PDFIn this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a reflection and projection of LatCrit theory, community and praxis. These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis to connect theory to action; (3) a commitment to build both intra-Latinx communities and inter-group coalitions; (4) a commitment to find commonalities while respecting difference; (5) a recognition of past critical outsider scholarship in new applications; (6) a commitment to ongoing self-critique, individually and collectively; and (7) a recognition of specificity and diversity in constructing LatCrit theory, praxis, and community. These early guiding commitments were rooted in substantive values, and accompanied by working postulates, that we likewise made explicit to help anchor our programmatic initiatives, and our mutual aspirations, over time and its exigencies
Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct: A Response to Professor Tremblay
Get PDFProfessor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist clients in unlawful conduct that is not criminal or fraudulent. After introducing the issue through three illustrative scenarios, which he labels “lawbreaking stories,” Professor Tremblay engages in an extensive analysis of the applicable substantive law, relying primarily on ethics codes, which directly regulate the work of lawyers, with additional reference to other sources of law. Having reached the considered conclusion that the law does not prohibit lawyers from assisting clients in unlawful or wrongful—but not criminal or fraudulent—conduct, Professor Tremblay moves to the next stage of his analysis, examining the further question as to the nature and scope of the lawyer’s ethical discretion to assist—or to refuse to assist—a client in unlawful or wrongful conduct.
Building on Professor Tremblay’s analysis, this response aims to briefly evaluate the central question he raises—the lawyer’s discretion to assist a client’s unlawful conduct—by reframing the issue through the prism of a three-tiered, or three-pronged, framework. In so doing, this response suggests that, to the extent Professor Tremblay has identified cases in which ethics codes and other sources of law do not directly or definitively mandate a particular mode of action on the part of lawyers, an assessment of the issue may require a close look at three complementary—but, at times, competing or conflicting—duties underlying ethics codes: the duty to serve the best interests of the client, the duty to promote justice within the American legal system, and the duty to the lawyer’s own sense of ethical morality
The Rise of Market Urbanism
Get PDFCompares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations
